Revised Sex Abuse Policy Set For Archdiocese; Safe, Secure Environment For Children Is Goal

Published: August 7, 2003

ATLANTA—A new policy went into effect Aug. 1 governing the Archdiocese of Atlanta’s response to sex abuse charges involving church personnel and is an important part of the archdiocese’s effort to prevent the occurrence of such abuse.

The policy, which is a revision of the 1994 archdiocesan policy, was finalized Aug. 1 by the members of the archdiocese’s Lay Advisory Board, and was disseminated on that date to all priests. They were asked to sign an acknowledgement form indicating that they had been given and read the policy.

A similar process was followed with archdiocesan employees during the week of Aug. 4.

The policy covers the actions of bishops, priests, deacons, Religious, lay employees and lay volunteers involved in work for the archdiocese.

“We recognize that sexual abuse is abhorrent in any setting, but is especially outrageous in the church,” said Archbishop John F. Donoghue. “It is in direct contradiction to the Christlikeness to which we are all called.”

“We also recognize that the sins of a few priests have tainted the reputation of the huge majority of faithful priests,” he added.

The new policy, which aligns the Atlanta Archdiocese with the national policy calling for “zero tolerance,” has as its stated goal providing a safe and secure environment for children and any vulnerable individual in the Atlanta Archdiocese.

It also calls for an immediate investigation of any abuse charges and it promises a strong pastoral response to any victim, accuser and accused should a charge ever emerge.

Several provisions of the new policy are aimed at reducing the potential for sexual abuse by calling for such measures as:

—All applicants for any paid position or volunteer position that allows regular contact with children must complete a “Service Application” which provides background information and permits the archdiocese to obtain an independent background check that includes a check of references, and a verification of personal information and criminal history.

—Religious superiors who propose individuals for ministry or residence in any of the archdiocesan parishes or institutions must be willing to state in writing that they have no knowledge that the individual has a history that would render the individual unsuitable to work with a child or vulnerable individual.

—Clergy, Religious or seminarians seeking assignment in the Atlanta Archdiocese, even for just a week, must file an application that includes a background check.

—The archbishop must give his prior approval for any priest from outside of the archdiocese to take up residence, full- or part-time, in the archdiocese, and he must also give approval to any ministry intended to be undertaken by such a person.

“This policy is an effort by the archdiocese to put into place strong practices and processes to protect our people from contact with abusers from within the church, and, if despite best efforts, abuse occurs or is alleged, to properly deal with the persons involved,” said Fred Isaf, spokesperson for the Lay Advisory Board.

The new policy also sets out clear and aggressive policies for dealing with any allegations of abuse that might arise. The steps demand that any sexual abuse allegations:

—Be reported, in the case of church personnel who are required by law to report suspected sexual abuse, both to the appropriate government agency and to the archbishop or his appropriate representative, who will then report it to the Lay Advisory Board.

—Be reported, by church personnel who are not currently required by law to report suspected sexual abuse, to the archbishop who will immediately order an investigation and report a summary of findings to the Lay Advisory Board.

—Be investigated immediately by the archbishop, even if the alleged sexual abuse under the policy does not arise to the level of a state or federal crime.

—If there is a criminal investigation, the archdiocese will cooperate with any state or criminal investigation.

—If credible, it will result in the accused person being relieved of active duties pending the outcome of investigations and directed to remain away from any parish school, facility, agency, or other location which is the subject of the complaint.

— The intent of the policy is that after there has been a determination of even a single actionable occurrence of sexual abuse, the accused member of the clergy or Religious will not remain in active ministry and will not receive a future assignment.

“Should an allegation be confirmed, the provisions of canon law and employment policies will be applied aggressively,” Archbishop Donoghue said. “The accused person will be permanently removed from active ministry and never be allowed to minister in the Archdiocese of Atlanta again, and will not be transferred to any other diocese. Furthermore, if the accused is a member of the clergy, he will not be permitted to celebrate Mass publicly, to wear clerical garb, or to present himself as a member of clergy.”

“However, if the allegation is not confirmed, the person accused will be restored to duty and the archdiocese promises to make a good faith effort to restore the ministerial reputation of the accused person,” Archbishop Donoghue said.

“This is a necessary step to provide fairness and to restore community for those involved,” he added. “At all times, whether the accused is clergy or lay, found guilty or innocent, the policy calls for protecting the rights and privacy of all involved.”

“Our policy is not only meant to be proficient in preventing and handling incidents of sexual abuse, but it is also meant to be compassionate whether the person is guilty or the person is falsely accused,” Archbishop Donoghue affirmed. “We are, after all, followers of Christ called to bring healing to the world.”

The new policy does emphasize the pastoral role of the archdiocese. It calls for compassionate pastoral care for victims and their families, for the community, and for the accused even amidst prosecution.

“Because we bring consequences to bear on the guilty does not mean that we do not also offer them compassion and access to appropriate spiritual care and pastoral support,” the archbishop emphasized.

The policy notes that the compassion extended may include pastoral care, rehabilitation, psychological evaluation and intervention, and efforts at rehabilitation. It also calls for the archbishop and the Lay Advisory Board to work in consort on any alleged incident.

The Lay Review Board was established by the archbishop in conformity with the Charter for the Protection of Children and Young People.

The members, the archbishop said, include a pastor, two former employees of the archdiocese, two civil attorneys who are not employed by the archdiocese, a licensed counselor who works with adult victims of sexual abuse, a counselor who specializes in child sexual abuse and an individual who has a graduate degree in psychology.

“To ensure that they are not lobbied by clergy, employees, volunteers or victims, their names will not be published,” the archbishop said.

The new policy is the second revision of the archdiocese’s 1990 policy developed in response to a 1987 sexual abuse allegation. Each revision, one in 1994 and this one, were efforts to solidify the position of the Atlanta Archdiocese with that of the church at large.

“The 2003 revision puts Atlanta in tune with the U.S. Bishops’ Charter for the Protection of Children and Young People and the Norms adopted in June 2002,” Archbishop Donoghue explained.

The Atlanta Archdiocese has worked hard to offer solid and holy leadership in the face of a national problem, Isaf said, and it has been proactive.

The archdiocese has had a sexual abuse policy in place since 1990. Each subsequent revision has demonstrated the archbishop’s constant commitment to be proactive in its protection of children and vulnerable individuals.

The 1990 policy was implemented after a parochial vicar at Corpus Christi Church in Stone Mountain, Father Anton Mowat, was accused and convicted of abusing children. The convicted priest was imprisoned, defrocked, and will never again be allowed to hold any position in the Archdiocese of Atlanta, the Lay Advisory Board member said.

The 1990 policy adopted at that time created a background for the current policy by calling for future allegations to receive the archbishop’s personal attention, for civil authorities to be informed and for efforts to be made to bring healing for all involved.

In addition, in 1992, the archdiocese instituted Project Aware to educate people about the signs of child sexual abuse. The ministry was established by the late Archbishop James P. Lyke, OFM, after meeting with a family affected by sexual abuse.

Archbishop Lyke acknowledged that the church is called to respond to those hurt by the trauma of sexual abuse, to take an active role in increasing awareness of this problem, and to educate the community in order to prevent abuse from occurring.

Jim Kantner, Ph.D., Secretary for Catholic Charities, oversees the office of Project Aware, which was initiated by Archbishop Lyke in 1992 and came into fruition in 1994. According to Kantner, “Project Aware has been the preferred vehicle for educational and prevention efforts in the archdiocese regarding child sexual abuse.”

“Project Aware is in a unique position to help raise awareness among clergy, lay leaders, and volunteers concerning the vulnerability of children and the need to intervene on their behalf,” Kantner said. “In collaboration with the Human Resources Department, we will assist in the establishment of safe environment programs for the archdiocese. This can include not only basic procedures for safe ministry with children and youth, but also training and preserving boundaries in the ministerial relationship. We look forward to assisting in the implementation of the Charter.”

To underscore the archdiocese’s commitment to implement the Charter, Project Aware will now be referred to as the Office for the Protection of Children.

The 1994 policy added a formal complaint/investigation procedure and imposed more rigorous background checks on both clergy and lay personnel and volunteers.

This new 2003 revision presses further for accountability in handling any alleged incidents, Archbishop Donoghue noted.

“We take great pains to put steps in place that will hopefully prevent abuse. But if such a tragedy occurs again, we will not sweep it under the rug. Compassionate restoration will include transparent and direct resolution,” he said.

Because of the 2003 revision, “any incident will be handled by the official community — the archbishop, the Lay Advisory Board, and any appropriate law enforcement agency— not just one church authority,” the archbishop noted.

“Our primary goal is to protect every child and vulnerable individual in our diocese as well as continue to be the compassionate hands of Christ. We think this new revision will allow us do both,” he concluded.